Involuntary Manslaughter Flashcards
What happened in the Adomako case? (GNM)
The patient’s breathing apparatus disconnected and it took 9 minutes for the anaesthetist to discover this, by which point the patient had suffered a cardiac arrest. They failed to notice the lack of breathing, the disconnection, the patient was becoming progressively blue, the alarm on the ventilator wasn’t switched on and the dials weren’t operating. This was described as abysmal and a gross dereliction of care.
What are the elements of gross negligence manslaughter from Adomako?
-D must owe V a duty of care
-D must breach the duty (which involves a risk of death)
-D’s breach must cause V’s death
-D must be grossly negligent
How do you prove duty of care in GNM?
Use a duty to act if possible but if not or if it is a new/novel situation then use the Caparo test (damage to V was reasonably foreseeable, there was proximity between D and V and it is fair, just and reasonable to impose a duty on D).
What are the 5 duties to act and the cases relating to them? (GNM)
Contractual- R v Pittwood
Relationship of dependency- R v Gibbons and Proctor
Assuming responsibility voluntarily- R v Stone and Dobinson
Public office- R v Dytham
Creating a dangerous situation- R v Miller
What happened in the case of R v Evans? (GNM)
D supplied her sister with heroin. When she saw her having a bad reaction to it, D put her sister to bed and stayed with her all night. When D woke up, her sister had died. This was a voluntary assumption of care because she had put V in a vulnerable position and put her sister to bed without seeking medical help.
What does the case of R v Evans say in relation to a voluntary assumption of care? (GNM)
In GNM, the assumption of care must be significant for D to be held responsible for an omission. This is normally where D has willingly and actively taken over the care of V. It is not enough to make a person criminally responsible if all they are trying to do is help or do the right thing.
Which case says that ex turpi causa does not apply to GNM?
R v Wacker (transportation of illegal immigrants who suffocated in the van).
How do you prove that D breached their duty of care? (GNM)
Explain standard of care- Blyth and any factors that affect the standard of care (Nettleship v Weston, Bolam v Friern Barnet HMC, Wells v Cooper, Mullin v Richards). Then use 2 risk factors from: size of risk, seriousness of potential harm, practicability of precautions and benefits outweigh the risks.
Which case confirmed the need for a risk of death in GNM?
Misra v Srivastava
What happened in the case of Lewin v CPS and what is the legal principle? (GNM)
Potential defendant left his drunk friend in his car and returned hours later to did V dead. It was decided that the reasonable person would not have realised there was a risk of death.
Principle- the reasonable person must realise the risk of death.
How do you prove that D’s breach caused V’s death? (GNM)
Factual causation- ‘but for’ test as in R v Pagett
Legal causation- ‘operative and substantial’ test as in R v Smith and look at if there are any intervening acts.
What does Adomako define gross negligence as? (GNM)
D’s conduct is so bad as to amount to a criminal act or omission. (In a scenario argue it both ways like a discussion).
What is unlawful act manslaughter?
When D does not intend to kill or cause GBH but has committed an unlawful act which has led to the death of V.
What are the 4 elements of unlawful act manslaughter?
-D must commit an unlawful act
-D must have the mens rea for the unlawful act
-The unlawful act must cause V’s death
-The unlawful act must be dangerous
What does R v Stone and Dobinson say in relation to UAM?
The unlawful act must be an act, an omission is not enough.
